Court Says Four Dams Violating Water Act

PORTLAND -- A federal court ruled Friday that the U.S.
Army Corps of Engineers' operation of four Snake River
dams violates the Clean Water Act, a decision that could
cost the agency millions of dollars to modify the dams to
protect endangered salmon.

"I cannot overstate the importance of this ruling for native
salmon and steelhead," said Kristen Boyles, an attorney
with Earthjustice Legal Defense Fund.

U.S. District Court Judge Helen Frye in Portland ordered
the corps to find ways -- within 60 days -- to lower water
temperatures behind the dams to protect the river's water
quality and threatened and endangered salmon and
steelhead.

The ruling supports environmental groups, who were
joined by Idaho's Nez Perce tribe and the state of Oregon
in the suit. They said the dams raise water temperatures
and add levels of nitrogen that violate water quality
standards.

"This decision is a huge victory for all who care about the
salmon and clean water," said David Cummings, attorney
for the Nez Perce. The ruling "confirms that the corps, just
like everyone else, must comply with the Clean Water
Act."

Operation of the four dams in Eastern Washington has
made a significant contribution to poor water quality on the
lower Snake, making the river slower, deeper and too hot
for fish, said Tim Stearns of the National Wildlife
Federation.

The release of water over the dams sends nitrogen into the
water, also harming fish.

Stearns said the ruling allows the corps to decide whether
to make structural changes to the dams, or operational
changes, such as altering the way it releases water.

Corps officials had no comment Friday. But in a letter last
June to the U.S. Environmental Protection Agency, the
corps' Northwest commander said it may not be possible
to meet the standards with the dams in place.

"To our knowledge, it is presently not practicable to
modify existing (Snake and Columbia river dams) to meet
temperature standards, although some projects can be
operated to release cooler water from the reservoir and
thus help lower the downstream water temperature," Brig.
Gen. Carl Strock wrote.

On the Snake River, the cooling Strock mentioned in his
letter is accomplished by releasing water from behind
Idaho's Dworshak Dam on the Clearwater River, a
tributary of the Snake. However, that will be severely
limited this year because much of the water behind
Dworshak already has been drained to generate electricity.

Environmentalists and some fisheries biologists have
warned that draining the reservoir puts Snake River salmon
in jeopardy. Northwest power producers said it was
necessary to help ease the power crisis.

In his letter to the EPA, Strock indicated that complying
with the Clean Water Act was a matter of policy "to the
extent practicable," and not a legal requirement. That
statement brought a strong rebuttal in August from regional
EPA chief Charles Findley, whose views were shared by
the federal court.

In Friday's written ruling, the court said "it was clear error
of judgment by the corps not to address compliance with
its legal obligations under the Clean Water Act."

Rob Masonis, a spokesman for the conservation group
American Rivers, said there is only one practical way for
the corps to comply with Friday's ruling.

"The obvious solution is to remove the dams," he said.
"That is what we have been recommending, in order to
comply with the Clean Water Act and be in compliance
with the Endangered Species Act."

Under the National Marine Fisheries Service's plan for
saving Columbia Basin salmon from extinction, breaching
remains a remote option.

However, the Bush administration previously has said that
breaching the dams is not an option, and every member of
the Northwest congressional delegation opposes breaching.